Help: Constructive Dismissal

[ron724]

Hello friends, hoping that there are some labour lawyers on this site or people that have gone through a constructive dismissal case. The situation is that myself and several collegues have been forced to start working from home. Our company is actually headquartered in Vancouver and we believe that this is a first step in closing the office and terminating everyone. Only a few people, mostly admin staff, are left at the ofice now. The expectation is that we can somehow work virtually using VPN access, conference bridge etc.

My question is can we be forced to work from home like this? I would much rather just be terminated immediately with severance and collect EI rather than waiting for doomsday.

Thanks any help is appreciated. This is a very distressing time for me.

 

[Mia.Colpa]

Not a lawyer, but some info for you to keep in mind, this has happened a lot over the years with the advancement of technology, especially with sales people. Many companies had their employees work from home as long as there was internet connection and a phone. What did you do for the company? Sales? Marketing? Ops? Admin?

 

[Stoo]

I don't think being "forced" to work from home would not be considered by most as a bad thing, assuming the company reimburses you for the costs of setting up an office, or supplies the "stuff".

It is becoming extremely common in many industries and companies often find that moral and productivity increase and staff find their net income increases since they no longer have the cost of commuting to deal with.

Legally, I don't think you have much of a case unless your income was cut, or responsibility. (If you used to be a department manager and now you aren't, in theory this could be considered a constructive dismissal I suspect.

My advice would be to invest a few hundred bucks in a real labour lawyer if you are concerned about your future. I can recommend a good one if you PM me, although he isn't in Toronto.

 

[HOF]

Call Torys law firm in Toronto.

 

[The Finisher]

http://www.wrongful-dismissal.com/


Call for a free quick consultation.

Unfortunately, it's not cheap. The main guy charges over $600 dollars an hour and the associate is only $250 per hour.

Find out whether your colleagues and yourself can get a group rate for each one of you lumped in as one?
The retainer is a minimum of $1000 dollars.


Going through the process myself towards getting a better severance plan with my ex-employer.


The Finisher

 

[LoneGunman]

$$$

Call Torys law firm in Toronto.

If you are willing to spend the big bucks! Probably better off hiring a smaller specialized firm to save a bit of the moolah... if in fact you do have a case.

PS Stoo is pretty close to the mark here unless there is more to the matter. Working from home in and of itself, if the tools are available to do it properly, probably would not be constructive dismissal.

LG

 

[landscaper]

the issue will become has your work condition changed beyond the vnbue change, hours , compensation benefits etc. Constructive Dismissal looks for changes to your work situation that change your terms of employment

 

[out4fun]

Keep working. You're a long way from constructive dismissal. Suck it up.

 

[fuji]

Many/most labour lawyers will give you a free 30min consultation on the phone. Essentially it's their chance to tell you what services they coudl provide to you, or not, and most will be honest if the answer is "not".

Call one up and ask for a consultation. If they say no, call another one. Most will. If you have a case it's their way of showing you why they're the guy who should get it.

 

[Stoo]

the issue will become has your work condition changed beyond the vnbue change, hours , compensation benefits etc. Constructive Dismissal looks for changes to your work situation that change your terms of employment

Precisely. If your office moved some reasonable distance, you wouldn't have a claim unless they moved say from Oakville to Pickering and you lived in Hamilton. As I said at the outset, many people would look at working from home as a real bonus... beer fridge, unlimited access to Terb, outcalls over lunch...

 

[mandrill]

Tory's is 1 of the biggest and most expensive corporate law firms in North America. Aside from the fact that they likely act for your employer, why would you want to pay their HUGE hourly rates for a straightforward case?

It does NOT sound like you have a valid case for constructive dismissal. CD usually involves a reduction in status and/ or remuneration that entirely fucks with your employment situation. Many judges would simply see working from home as a neutral change NOT a prejudicial one.

 

[KBear]

... I would much rather just be terminated immediately with severance and collect EI rather than waiting for doomsday.
...

If the company is downsizing you could ask to be laid off. The agreed severance might be minimal, but you can collect EI. Think EI does not start until the severance runs out, so might not make a huge difference how much the severance is.

 

[Iconic One]

It probably is constructive dismissal as your fundamental working arrangement has been significantly altered. Just get an opinion from an appropriate labour lawyer. You choose the firm. I've consulted with a labour lawyer before on such issues. Been very happy with the results. At least you'll understand your rights.

If you're in the GTA, pm me and I'll send you his name.

 

[tboy]

Hello friends, hoping that there are some labour lawyers on this site or people that have gone through a constructive dismissal case. The situation is that myself and several collegues have been forced to start working from home. Our company is actually headquartered in Vancouver and we believe that this is a first step in closing the office and terminating everyone. Only a few people, mostly admin staff, are left at the ofice now. The expectation is that we can somehow work virtually using VPN access, conference bridge etc.

My question is can we be forced to work from home like this? I would much rather just be terminated immediately with severance and collect EI rather than waiting for doomsday.

Thanks any help is appreciated. This is a very distressing time for me.

Hey, this is a blessing in disguise and in no means a constructive dismissal or indicator of anything but forward thinking. Owens Corning moved all their sales staff into their home areas about 10 or 12 years ago. I used to deal with them and many changed their office attire from suits and dresses to bathrobes and bunny slippers.

If the company doesn't reimburse you (they should) you can now claim: phone line, electricity, cost of owning that space, internet access, etc etc etc etc off your income tax.

 

[nottyboi]

Tell your company you do not have a suitable space for work at home and ask if they can rent you a shared office space... see how they react....

 

[Keebler Elf]

Tough call. It would be easier to say it's constructive dismissal if you took the job based on being able to work at home. When it's the other way around, it's kinda hard to identify the detriment. Unless you're incurring significant additional expenses not offset by your travel savings.

And if the company can ultimately show that it's in tough financial shape, allowing you to work from home will be viewed as a benevolent act rather than a punitive one.

 

[tboy]

Travel Expenses:

Depending on where the OP lives in relation to his office, one could add years to their life by missing the commute and the wear and tear on their vehicle.

 

[Stokley]

If the company doesn't reimburse you (they should) you can now claim: phone line, electricity, cost of owning that space, internet access, etc etc etc etc off your income tax.

Fuck that reimburse bullshit, they should be supplying you with a NEW phone line that they pay every month. A NEW computer for your home (remember it is their machine so no terb or porn). A NEW high speed data line. Why should you or your family be inconvenienced one bit for the company saving rent on office space. Then you should also receive around $400 per month as an allowance for heat, electricity, property tax. If they want courier deliveries to your home then the price goes up. IT IS ALL NEGOTIABLE.

Then if they do not cover your reasonable expenses, then you can say constructive dismissal and have some real numbers to back up your claim of a change in circumstance.

 

[fuji]

As a data point we have a guy who works from his home because he does not live near any of our offices. We supplied him with both a desktop and a laptop computer and a VOIP phone line for work. Same standard equipment we provide to every employee. We also reimburse his internet connection costs.

On the other hand we do not pay anything for him to set up a "home office" and I don't know how that would go down if he asked us to.

 

[onthebottom]

My entire team works from home - a transition we've done over the last 3 years.... everyone has seen it as a positive move - I pay for the normal stuff, supplies, phone, internet, a printer...... it's all cheaper than the 1k/month allocation I was getting from facilities. Several of the guys have bought usb hard-drives, large screen monitors, docking stations... all of which I let them expense.

OTB